5120:1-1-35
Contracts for the transportation of inmates.

(A)
The adult parole authority, in order to
discharge its duties under Chapters 2967. and 5149. of the Revised Code, may
enter into a contract with a private person or entity for the return of Ohio
prisoners who are the responsibility of the department of rehabilitation and
correction from outside of this state to a location in this state specified by
the adult parole authority. Pursuant to division (E) of section
311.29 of the Revised Code, this
rule is applicable to contracts entered into between a private person or entity
and a county sheriff, for the transportation of prisoners who are the
responsibility of the county sheriff.

(B)
Any contract entered into under this rule
shall incorporate the mandatory standards expressed in this rule. Any private
person or entity with whom the adult parole authority contracts for the return
of Ohio prisoners shall maintain compliance with these standards throughout the
term of the contract.

(C)
Standards for training of employees of the private person or entity that engage
in the return of prisoners:

(E)
The private person or entity with whom
the adult parole authority contracts for the return of Ohio prisoners shall
maintain compliance with the federal motor carrier safety administration
regulation 395.3 regarding maximum driving time for employees, and any
revision, amendment or modification of that regulation.

(1)
The private person or entity with whom
the adult parole authority contracts for the return of Ohio prisoners shall
obtain, and maintain for the duration of the contract term, a policy of
liability insurance with sufficient coverage to protect the state of Ohio to
cover all injuries, deaths, or loss to persons or property that arise from, or
is related to, its return of prisoners.

(2)
The private person or entity with whom
the adult parole authority contracts for the return of Ohio prisoners shall
indemnify and hold harmless the department of rehabilitation and correction and
all state officers and employees for liabilities which arise in connection with
the services performed under the contract and are in any way related to the
services rendered in the performance of the contract.

(3)
The private person or entity with whom
the adult parole authority contracts for the return of Ohio prisoners shall
provide a performance bond in the amount of ten percent of the total contract
price. The purpose of the bond is to ensure proper performance by the
contractor. The bond shall be payable to the treasurer, state of Ohio. The bond
shall remain in effect for the duration of the awarded contract and any
extensions thereto, and shall comply with any other applicable requirements of
the Ohio department of administrative services.

(1)
The private person or entity with whom
the adult parole authority contracts for the return of Ohio prisoners shall
require a pre-employment criminal records check, at the federal state and local
levels, for employees who would actually engage in the return of prisoners, and
shall not hire an individual with a record of a conviction for any felony, any
sex offense, an offense of domestic violence, two or more misdemeanor drug
offenses, or any other offense which disqualifies the prospective employee from
carrying a firearm.

(2)
The
private person or entity with whom the adult parole authority contracts for the
return of Ohio prisoners shall require a pre-employment drug screen for
employees who would actually engage in the return of prisoners, and shall not
hire an individual who tests positive for a controlled substance. The private
person or entity with whom the adult parole authority contracts for the return
of Ohio prisoners shall have a written policy for, and maintain a practice of
random drug testing of employees in accordance with applicable state laws.

(1)
The private person or entity
with whom the adult parole authority contracts for the return of Ohio prisoners
shall have twenty-four hour operational staff and equipment to constantly
monitor activities in the field and have on-board, constant communication
capability with vehicles in the field.

(2)
The private person or entity with whom
the adult parole authority contracts for the return of Ohio prisoners shall
require that officers and employees that actually engage in the return of
prisoners to be certified by an appropriate certification entity in
cardio-pulmonary resuscitation (CPR) and first aid.

(I)
Contract standards: Any contract entered
into under this rule shall incorporate the mandatory standards expressed in
this rule and shall include the following provisions:

(1)
Specific provisions that assign the
responsibility for costs related to medical care of prisoners while they are
being returned that is not covered by insurance of the private person or
entity.

(2)
Specific provisions
that set forth the number of days, not exceeding ten, within which the private
person or entity, after it receives the prisoner in the other state, must
deliver the prisoner to the location in this state specified by the adult
parole authority, subject to the exceptions adopted as described in paragraph
(I)(3) of this rule.

(3)
Specific
provisions that set forth any exceptions to the specified number of days for
delivery specified as described in paragraph (I)(2) of this rule.

(4)
A requirement that the private person or
entity immediately report all escapes of prisoners who are being returned to
this state, and the apprehension of all prisoners who are being returned and
who have escaped, to the adult parole authority and to the local law
enforcement agency of this state or another state that has jurisdiction over
the place at which the escape occurs;

(5)
A schedule of fines that the adult parole
authority shall impose upon the private person or entity if the private person
or entity fails to perform its contractual duties, and a requirement that, if
the private person or entity fails to perform its contractual duties, the adult
parole authority shall impose a fine on the private person or entity from the
schedule of fines and, in addition, may exercise any other rights it has under
the contract.

(6)
Two agents per
vehicle with an agent to prisoner ratio of no more than one to six.

(7)
The presence of at least one female
officer when transporting female prisoners.

(8)
A requirement that prisoners are
appropriately secured during transport, which includes leg restraints and
double-locked hancuffs.

(9)
A
requirement that the private person or entity notify local law enforcement
officials within twenty-four hours in advance of any scheduled stops within
their jurisdiction.

(10)
A
requirement that officers or agents engaged in the return of prisoners wear a
uniform with an identifying insignia or badge identifying the officer or agent
as a transport officer.

(11)
A
requirement that prisoners being transported wear uniforms that make them
readily identifiable as prisoners.

(12)
A requirement that, if commercial air
transportation is used to transport prisoners, that the entity comply with all
applicable FAA regulations concerning the transportation of prisoners.

(J)
If the private
person or entity that enters into the contract fails to perform its contractual
duties, the adult parole authority shall impose upon the private person or
entity a fine from the schedule described in paragraph (I)(5) of this rule. The
money paid in satisfaction of the fine shall be paid into the state treasury,
and the adult parole authority may exercise any other rights it has under the
contract. If a fine is imposed under the contract entered into pursuant to this
rule, the adult parole authority may reduce the payment owed to the private
person or entity pursuant to any invoice in the amount of the fine.

(K)
This rule does not apply to any
out-of-state prisoner who is brought into this state to be housed pursuant to
section 9.07 of the Revised Code in a
correctional facility in this state that is managed and operated by a private
contractor.